PRIOR PRINTER'S NO. 1055 PRINTER'S NO. 1953
No. 865 Session of 1987
INTRODUCED BY HELFRICK, WENGER, STAPLETON, O'PAKE, HESS, KELLEY, SALVATORE, PECORA, RHOADES, MADIGAN, MOORE, ARMSTRONG, SHAFFER, BODACK, PETERSON AND STEWART, JUNE 1, 1987
SENATOR RHOADES, GAME AND FISHERIES, AS AMENDED, APRIL�13, 1988
AN ACT 1 Amending Title 34 (Game) of the Pennsylvania Consolidated 2 Statutes, providing for the issuance of free REDUCED FEE <-- 3 hunting licenses to certain parties who open land to public 4 hunting; AND PROVIDING FOR REIMBURSEMENT TO THE GAME FUND. <-- 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 2706 of Title 34 of the Pennsylvania 8 Consolidated Statutes is amended by adding a subsection to read: 9 § 2706. Resident license and fee exemptions. 10 * * * 11 (d) Owners or possessors of land open to public hunting.--An <-- 12 owner or possessor of land which would otherwise qualify for 13 preferential assessment under the act of December 19, 1974 14 (P.L.973, No.319), known as the Pennsylvania Farmland and Forest 15 Land Assessment Act of 1974, shall, if he permits public hunting 16 on such land, upon application to the county treasurer of the 17 county in which such land is primarily located be entitled to 18 receive annually up to two regular hunting licenses without
1 payment of license fees: Provided, however, That no more than 2 two free hunting licenses shall be annually issued for each 3 tract of land eligible for license issue nor shall any person be 4 entitled to receive more than two free licenses annually under 5 this subsection: And provided further, That where possession of 6 the land tract differs from ownership, possession shall 7 determine the eligibility of persons entitled to the benefits 8 provided in this subsection unless otherwise agreed between the 9 owner and the possessor. The licenses shall be issued to the 10 owner or possessor and an immediate family member so designated 11 by such owner or possessor in the case of a single owner or 12 possessor, and to such owners or possessors and an immediate 13 family member of such owners or possessors so agreed to and 14 designated in the case of more than one owner or possessor. No 15 person shall be issued a hunting license under this subsection 16 unless such person is at least 12 years of age, has met the 17 requirements prescribed in section 2704 (relating to eligibility 18 for license), and has not been denied the privilege to hunt. A 19 person entitled to receive hunting licenses under this 20 subsection shall certify to the commission in the form and 21 manner prescribed by the commission that the land tract he owns 22 or possesses is open to public hunting. Upon determination that 23 such person is entitled to receive hunting licenses pursuant to 24 this subsection, the commission shall signify such, in writing, 25 to such person and such writing shall be presented to the county 26 treasurer at the time of license application. Where two free 27 licenses are intended to be issued pursuant to this subsection, 28 such licenses shall be applied for and processed simultaneously. 29 (D) OWNERS OR POSSESSORS OF LAND OPEN TO PUBLIC HUNTING.--A <-- 30 RESIDENT OWNER OR POSSESSOR OF LAND, COMPRISING GREATER THAN 80 19870S0865B1953 - 2 -
1 CONTIGUOUS ACRES FARMED UNDER A CONSERVATION PLAN WHICH DOES NOT 2 CONFLICT WITH THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN 3 AS THE CLEAN STREAMS LAW, AND WHICH MEETS THE REQUIREMENTS OF 25 4 PA. CODE CH. 102 (RELATING TO EROSION CONTROL), SHALL, IF HE 5 PERMITS PUBLIC HUNTING AS EVIDENCED BY ENROLLMENT IN A 6 COOPERATIVE PUBLIC ACCESS PROGRAM, BE ENTITLED TO PURCHASE A 7 LANDOWNERS HUNTING LICENSE AT THE COST OF $3 PLUS THE CURRENT 8 ISSUING FEE. THE 80 ACRE REQUIREMENT SHALL BE EXCLUSIVE OF 9 SAFETY ZONES IN EXCESS OF 20% OF THE TOTAL ACREAGE. THE LICENSE 10 SHALL BE ISSUED TO THE OWNER OR POSSESSOR OR AN IMMEDIATE FAMILY 11 MEMBER OF EITHER THE OWNER OR POSSESSOR LIVING IN THE SAME 12 HOUSEHOLD SO DESIGNATED BY THE OWNER OR POSSESSOR IN THE CASE OF 13 A SINGLE OWNER OR POSSESSOR, AND TO THE INDIVIDUAL SO DESIGNATED 14 IN THE CASE OF MORE THAN ONE OWNER OR POSSESSOR. NO PERSON SHALL 15 BE ISSUED A HUNTING LICENSE UNDER THIS SUBSECTION UNLESS SUCH 16 PERSON IS 12 YEARS OF AGE OR OLDER, HAS MET THE REQUIREMENTS 17 PRESCRIBED IN SECTION 2704 (RELATING TO ELIGIBILITY FOR 18 LICENSE), AND HAS NOT BEEN DENIED THE PRIVILEGE TO HUNT. A 19 PERSON ENTITLED TO RECEIVE A HUNTING LICENSE UNDER THIS 20 SUBSECTION SHALL CERTIFY TO THE COMMISSION IN THE FORM AND 21 MANNER PRESCRIBED BY THE COMMISSION THAT THE LAND TRACT HE OWNS 22 OR POSSESSES IS PRESENTLY IN HIS OWNERSHIP OR POSSESSION. 23 Section 2. Section 2709(a) of Title 34 is amended by adding 24 a paragraph to read: 25 § 2709. License costs and fees. 26 (a) License costs.--Any person who qualifies under the 27 provisions of this chapter shall be issued the applicable 28 license upon payment of the following costs and the issuing 29 agent's fee: 30 * * * 19870S0865B1953 - 3 -
1 (19) Owners or possessors of land open to public hunting 2 under section 2706(d) (relating to owners or possessors of 3 land open to public hunting) - no cost. $3. ALL HUNTING <-- 4 LICENSES ISSUED UNDER SECTION 2706(D) SHALL BE RECORDED BY 5 THE COMMISSION. THE COMMISSION ANNUALLY SHALL CERTIFY TO THE 6 GENERAL ASSEMBLY THE DIFFERENCE BETWEEN $3 AND THE FEE FOR A 7 RESIDENT HUNTING LICENSE FOR ALL LICENSES SO ISSUED AND THE 8 GENERAL ASSEMBLY SHALL CAUSE THAT AMOUNT ANNUALLY TO BE 9 APPROPRIATED AND CREDITED TO THE GAME FUND. 10 * * * 11 Section 3. This act shall take effect July 1, 1987, or <-- 12 immediately, whichever is later 1989. E4L34CHF/19870S0865B1953 - 4 -